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Urowers'  Associaiion 


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SANTA  FE.  NEW  MEXICO  : 

NEW  MEXICAN  PRINTING  CO.,  PRINTERS  AND  BINPER'S 

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BANCROFT 
LIBRARY 

THE  LIBRARY 

OF 

THE  UNIVERSITY 

OF  CALIFORNIA 


Digitized  by  the  Internet  Archive 

in  2007  with  funding  from 

IVIicrosoft  Corporation 


http://www.archive.org/details/bylawsofstockgroOOstocrich 


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SANTA  FE,  NEW  MEXICO  : 

NEW  MEXICAN  PRINTING  CO.,  PRINTEKS  AND  BINDERS. 

1884. 


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Stock  Growers'  Association  of  New  Mexico. 


OFFICERS  : 


President J.  W.  Dwyer,  Raton. 

Vice-President  : W.  L.  Ryneeson,  Las  Graces. 

Secretary  and  Treasurer Max.  Frost,  Santa  Fe. 


EXEOUTIYE   COMMITTEE  I 

Richard  Hudson,  Chairman;  Russell  Marcy,  Raton;  James  B. 
Watrous,  Watrous  ;  Pedro  Sanches,  T^os  ;  J.  T.  McNamara,  Las 
Vegas  ;  John  H.  Riley,  Las  Cruces  ;  J.  A.  LaRue,  Lincoln ;  Richard 
Hudson,  Hudson ;  H.  M.  Atkinson,  Socorro  ;  Amado  Chaves,  Los 
Lunad  ;  M.  S.  Otero,  Bernalillo  ;  Nicolas  Pino,  Santa  Fe,  and  Thomas 
D.  Burns,  Rio  Arriba. 


MEMBERS : 

Colfax  County:    J.  W.  Dwyer,  S-  W   Dorsey,  Wm.  J.  Reno,  Russell 

Marcy,  J.  M.  Howard. 
Mora  County :    Rafael  Romero,  J.  B.  Watrous,  C.  W.  Wildenstien, 

A.  L.  Branch,  Justus  Smith. 
San  Miguel  County :    James  Campbell,  W.  H.  McBroon,  Thos.  H. 

Lawrence,   C.  M.    Haines,    James   T.    McNamara,    Geo.   W. 

Stoneroad. 
Lincoln  County :    J.  A  LaRue,  Jefferson  Raynolds,  W.  E.  Anderson, 

John  W.  Poe,  John  S.  Chisum. 
Dona  Ana  County :    W.  L.  Rynerson,  John  H.  Riley,  Benjamin  E. 

Davies,  Mariano  Barela,  George  Lynch. 
Grant  County :    Samuel  P.  ('arpenter,  A.  E.  Head,  Richard  Hudson, 

John  Brockman,  Chas.  M.  Shannon, 


4  STOCK  GROWERS'  ASSOCIATION 

Socorro   County:    H.  M.  Atkinson,  E.  J.  McLean,  Antonio  y  A. 

Abeytia,  D.  F.  White,  W.  C.  Bruton. 
Valencia  County :    Amado  Chavez,  Solomon  Luna,  Max  Frost,  C. 

W.  Kennedy,  J.  A.  Stinson. 
Bernalillo  County :    M.  S.  Otero,  C.  W.  Lewis,  J.  L.  Perea,  Jr., 

Jacobo  Yrissarri,  Mariano  Perea. 
Santa  Fe  County:    M.  D.  Bowman,  Nicolas  Pino,  Ambrosio  Pino. 
Taos  County :    Pedro  Sanchez,  Santiago  Valdez,  Pedro  Santistevan, 

Anthony  Joseph. 
Rio  Arriba  County:    Thos.   D.   Burns,  Patricio  Chavez,   Ignacio 

Jaramillo,  Geo.  W.  Thomson,  H.  W.  Cox. 


OF  NEW  MEXICO. 


LOCAL    STOCK    ASSOCIATIONS. 


NORTHERN   NEW  MEXICO  STOCK   GROWERS'  AS- 
SOCIATION. 


OFFICERS  : 


President O.  A.  Hadley,  Raton. 

( T.  Romeko,  Las  Vegas. 

Vice-Presidents ■< S.B.  Watrous,  Mora. 

( M.  M.  Chase,  Raton. 

Secretary  and  Treasurer James  C.  Leaky,  Wagon  Mound. 


EXECUTIVE  committee: 

T.  H.  Lawrence,  Las  Vegas;  J.  W.  Dwyer,  Raton;  M.  Slattery,  La 
Cinta;  Oscar  McCuistion,  Chicago  Springs;  D.  A.  Clouthier, 
Springer;  D.  Young,  Madison;  J.  E.  Temple,  Raton;  Elijah  Johnson, 
Troyburg;  W.  B.  Stapp,  Las  Vegas;  W.  J.  Parker,  Raton;  A.  J. 

Streeter, ;  P.  J.  Towner,  Chico;  Phlem  Humphey,  Catalpa;  M. 

W.  Mills,  Springer;  Francis  Clutton,  Tequesquite;  John  C.  Hill, 
Chico;  J.  S.  Holland,  Tramperos;  Charles  Springer,  Cimarron;  M. 
M.  Chase,  Cimarron;  Benjamin  Smith,  Trinidad;  G.  W.  Stoneroad, 
Las  Vegas;  W.  C.  Haynes,  Cabra  Springs;  E.  Romero,  Las  Vegas. 


MEMBERS : 

Chico  Springs :  J.  E.  Temple,  S.  W.  Dorsey,  P.  J.  Towner,  John 
Bates,  Oscar  McCuistion,  Russell  Marcy,  F.  Cady,  John  Love, 
O.  C.  Nelson,  W.  O.  Temple,  John  C.  Hill. 

Las  Vegas:  T.  H.  Lawrence,  W.  B.  Stapp,  E.  J.  Wilcox,  C.  W. 
Haynes,  Charles  llfeld,  Henry  Dold,  Hilario  Romero,  E.  Ro- 
mero, Trinidad  Romero,  Samuel  Goldsmith,  Frederick  Althof , 
G.  W.  Stoneroad,  M.  B.  Stoneroad,  J.  M.  Bernard. 

Springer  :  J.  W.  Keller,  W.  E.  Corbitt.  O.  M.  Oviatt,  J.  H. 
Clouthier,  Charles  Springer,  G.  D.  Ford,  L.  K.  Smith.  J  no. 
Carrico,  J.  E.  Thompkins,  S.  F.  Valdez.  N.  Valdez,  J.  M.  Val- 
dez,  J.  A.  Williams,  Pas  Valverde.  C.  J.  Jones,  T.  M.  Michaels, 
D.  C  Pryor,  A.  J.  Howell,  N.  F.  Cooke,  M.  W.  Mills. 


STOCK  GROWERS'  ASSOCIATION 


Tequesquite  :    C.  C.  Shepherd,  Lnis  A.  C.  de  Baca,  Francis  Clntton, 

Richard  Steele,  Andrew  Morton. 
Raton  :    Charles  de  Forresta,  J.  W.  Dwyer,  T.  B.  Lane,  A.  W.  Knox, 

A.  P.  Rogers,  J.  R.  Stuyvesant,  Oharles  Wheeler,  Frank  S. 

Noyse,  Ralph  Whistler,  P.  B.  Craig,  M.  B.  Stockton,  HughT. 

Woods,  E.  C.  Griffith,  A.  G.  Shaw.  J.  E.  McKown.  O.  A.  Had- 

ley,  Arthur  Marsland,  George  Miller,  William  J.  Parker,  Gar- 
net Lee,  Charles  Thacker,  G.  W.  Geere. 
Troysburg  :     F.  M.  Darling,  J.  L.  Smythe,  E.  Johnson,  T.  Meloche, 

A  D.  Thompson,. 
Cimarron  :    James  Stepp,  M.  H.  Heck  M.  M.  Chase. 
San  Hilario;    Louis  Hommel,  Hilario  Gonzales,  J.  M.  Gallegos. 
Kansas  City,  Mo. :    J.  A.  Forbes,  E.  E.  Holmes. 
Watrous:     C.  W.   Wildenstein,  J.  B.  Watrous,  Wm.  McCartney, 

James  P.  Campbell. 
Capulin:    Daniel  E.  Young,  W.  H.  Jack. 
Catalpa :    A.  H.  Warren,  Henry  Jones,  Pldem  Humphoy. 
Vermejo :    Marion  Littrell. 
Deliver,  Colo. :    D.  C.  Holcomb,  H.  M.  Porter. 
Elizabethtoum :    Jolm  S.  Irwin. 
Ute  Creek:    W.K.Irwin. 
Liberty,  Mo. :    J.  R.  Timberlake. 
Tascosa,  Texas :    Edward  McMlister. 
Tramperos :    John  S.  Woolf ord,  J.  8.  Holland. 
Boulder,  Colo. :    E.  J.  Temple. 
Weed,  Calf  a. :     J.  S.  Taylor. 
Burton,  Kansas :    W.  O.  Van  Arsdale. 
Liberty :    E*  Fritzlen,  David  Fritzlen. 
Red  River  Springer :     Fred.  J.  Hooper. 
Carlisle:    J.  H.  Rosier. 

Fort  Bascom  :    Raymond  Jenkins,  W.  E.  Ewing,  L.  8.  Rogers. 
Trinidad,  Colo. :    G,  W.  Thompson   R.  G.  Head.  F.  Putnam,  B.  F. 

Smith,  W.  A.  Burnett.  W.  R.  Greene. 
Wagon  Maumi  :    T.  F.  Maulding.  W.  H.  Wilcox,  Edfeard  Watkins, 

Price  Lane,  O.  K.  Chittenden,  J.  8.  Elsea,  P.  H.  Harsel,  John 

B.  Garth,  James  C.  Leary. 
La  Cinta  :    L.  Walker,  Robert  L.  M.  Ross,  Michael  Slattery.  H.  S. 

Wells,  Jr.,  Frank  Huntington,  Howard  Kohn. 


CENTRAL    NEW    MEXCO    CATTLE    GROWEBS'   AS- 
SOCIATION. 


OFFICERS  : 

President, D.  F.  White,  Socorro. 

Vice-President, Edward  Fest,  CuchiUo  Negro. 

Secretary, G.  L.  Brooks,  Socorro. 


6F  new  MEXICO. 


EXECUTIVE  COMMITTEE  : 

D.  F.  White,  Socorro;  Edward  Fest,  Engle;  G.  L.  Brooks,  Socorro  ' 
Alexander  Kogers,  Engle;  N.  Grayson,  Palomas;  W.  C.  Bmton,  So- 
corro; J.  A.  Stinson,  Manzano;  G.  Smith,  'Socorro;  D.  C.  Cantwell, 
Grafton. 


MEMBERS : 


Socorro :    John  W.  Terry,  S.  F.  Laderer,  G.  L.  Brooks,  W.  C.  Bmton, 

M.  W.  Browne,  T.  J.  Terry,  E.  J.  McLean,    H.  Johns,  J.  B. 

Roseboom.  Samuel  N.  Dedrick,  li.  J.  Bishop,  George,  Smith, 

John  Alley,  Antonio  y  A.  Abeytia. 
Albuquerque:    Wray  &  Irwin,  T.  J.  Trask,  John  J.  Snyder,  M.  B. 

Bowman,  A.  W.  Coddington,  J.  K.  Bayse,  R.  P.  Brown,  W.  S. 

Moore,  Charles  Zeiger,  Santiago  Baca,  Henry  Dold,  W.  H.  Mc. 

Clellan,  Charles  Lewis. 
Weatherford,  Texas:    W.  B.  Slaughter,  D.  C.  Kyle,  John  Slaughter. 
Santa  Fe:    H.  M.  Atkinson,  Max  Frost. 
Lacuna;    Walter  G.  Marmon,  George  H.  Pradt. 
Alma:    H.  B.  White,  G.  M.  Mansell,  Edwyn  F.  Upcher. 
San  Marcial:    J.  W.  Virgin,  J.  C.  Tiffany,  C.  S.  Roberts. 
Coolidge :    W.  H  Hulvey,  C.  W.  Kennedy. 
F(yrt  Wingate :    L.  P.  Bradley. 
Fort  Craig :    J.  W.  Crawford. 
Manzano:    J.  A.  Stinson. 
Engle :    Alex  Rogers. 
Qraftoti    D.  C.  Cantwell,  Floyd  Jarrett. 
Palomas:    N.  Grayson,  W.  S.  Hopewell. 
F(yrt  Worth,  Texas:    W.  W.  Tuttle. 
San  Antonio :    E.  Montoya  &  Sons. 


SOUTHWESTERN  STOCK  ASSOCIATION  OF  GRANT 
COUNTY,  NEW  MEXICO. 


OFFICERS  ; 


President Richard  Hudson,  Hudson. 

Vice-President William  Brahm,  Silver  City. 

Treasurer John  BrooKMAN,  Hudson. 

Secretary Israel  King,  Hudson. 


EXECUTIVE  committee: 

8.  liindaner,  Deming;  James  Van  Dyke,  Whitewater;  James  M, 


STOCK  GROWERS'  ASSOCIATION 


Hicks,  Georgetown;  James  P.  Hewlett,  Hudson;  Richard  Hudson, 
Hudson. 


MEMBERS : 


Hudscm:    C.M.Shannon,  C.  ,F.  Bottom,  Lyons  &  Campbell,  E. 

Vamage  and  T.  W.  Holson,  R.  H.  Speed,  A.  M.  Little,  George 

Williams,  Hario  Pino  and  Hewlett  Bros. 
Denting :    A.  E.  Head,  P.  Baca  and  S.  8.  Birchfield. 
Georgetoivn:    John  Perry,  James  A.  Lucas,  David  Bunu,  E.  H. 

Trevise,  W.  J.  Mitchell,  John  McKinn  and  B.  Rosentield. 
Fort  Bayard :    C.  V.  Hugo  and  W.  J.  Hutchinson. 
Fort  Cummiyigs :    S.  P.  Carpenter. 
Santa  Rita :    William  Courtney. 


LINCOLN  COUNTY  STOCK  ASSOCIATION. 


OFFICERS: 


President, W.  E.  Anderson,  Lincoln, 

Vice-President, John  W.  Poe,  Lincoln. 

Secretary, M.  Cronin,  Lincoln. 


MEMBERS: 

White  Oaks  :    James  Alcock  and  Samuel  Wells. 

ios  Vegas  ;    W.  W.  Brazil,  J.  J.  Cox,  J.  A.  La  Rue,  Louis  Lutz,  J. 

&  J.  S.  Raynolds. 
Fort  Stanton  :    Pat  P.  Garrett,  A.  K.  Eakers,  J.  B.  Eakers,  James 

Rainboldt,  S.  S.  Terrell,  E.  Terrell,  Melvin  Richardson. 
Lincoln  :    John  W.  Poe,  Florencio  Gonzales,  Jose  Montaflo,  B.  J. 

Baca,  J.  J.  Dolan,  M.  Cronin. 
Seven  Rivers  :    George  W.  Larremore,  Eddy  Bros.,  R.  P.  Segrest. 
Roswell :    W.   E.  Anderson,  J.  C.  Lea,  Henry  Miln,  John  Chisum, 

C.  S.  McCarty,  T.  B.  Powell, 
Fort  Sumner:    Hernandez  Bros. 
Black  River  :    R.  C.  Allison. 

Carlos  Armijo,  J.  H.  Blazer,  A.  W.  Bryan,  T.  A.  Cody,  Wm.  H. 
Hudgens,  Allen  Henley,  John  W.  Hudgens,  S.  W.  Lloyd,  Frank 
Lesnet,  G.  W.  Littlefield,  W.  H.  H.  Llewellyn,  J.  B.  Mathews,  S.  H. 
Miller,  M.L.  Pearce,  E.  W.  Parker,  E.  W.  Richards,  Jacob  Slover, 
William  Slane,  William  White,  George  W.  Williams. 


OF  NEW  MEXlOb. 


DONA  ANA  STOCK  ASSOCIATION. 


OFFICERS  : 


President Benjamin  E.  Davies,  San  Agustin. 

Vice-President D.  H.  Halleck,  Las  Palomos. 

Secretary J.  W.  Evans,  Las  Cruces. 

( Thomas  B.  Lynch,  Colorado. 

District  Secretaries  < J.  H.  Riley,  Las  Cruces. 

( A.  J.  Fountain,  Mesilla. 


MEMBERS  : 


Las  Cruces :    Charles  Coleman,  S.  B.  Newcomb,  W.  L.  Pierce,  John 

Riley,  W.  L.  Rynerson. 
Lake  Valley:    A.  Colin,  Fred  Shaw,  Powell  &  McLeod. 
Las  Palomas:    D.  H.  Halleck,  W.  S.  Hopewell . 
Colorado :    Lynch  Bros. 

Hillsboro :    Dugan. 

Tularosa :    Pat.  Coghlan. 
Mesilla :    Mariano  Barela. 


WAGON  MOUND  LOCAL  ASSOCIATION. 


OFFICERS  ; 


President J.  S.  Elsea,  Wagon  Mound. 

Secretary Price  Lane,  Wagon  Mound. 

Treasurer J.  C,  Leaky,  Wagon  Mound. 


EXECUTIVE  COMMITTEE  I 


J.  S.  Elsea,  J.  C.  Leary,  Price  Lane,  W.  H.  Wilcox,  W.  Ecton,  O. 
K.  ( Jhittenden  and  H.  T.  Sinclair,  all  of  Wagon  Mound. 


AQUA  CALIENTE  CATTLE  ASSOCIATION, 


10 


STOCK  GROWEKS'    ASSOCIATION 


ISecretary I.  N.  Woodworth,  Raton. 

Captain Z.  A.  Curtis,  Elkins. 


EXECUTIVE  committee: 

J.  W.  Woolf,  Elkins;  A.  G.  Dawson,  Cimarron  and  Charles  Hunt, 
Baton. 


OF  NEW  MEXICO.  11 


ARTICLES  OF  ASSOCIATION  AND  BY-LAWS. 


Section  1— This  association  shall  be  known  as  the  Stock  Growers' 
Ass<  )ciATioN  of  New  Mexico. 

Sec.  2.  The  object  of  this  association  is  to  advance  the  interests 
of  cattle  and  stock  growers  and  dealers  within  the  said  Territory, 
and  protection  of  the  same  against  frauds  and  swindlers,  and  to 
prevent  the  stealing  taking  and  driving  away  stock  bearing  the 
brands  of  the  members  of  this  association,  and  enforce  the  stock  laws 
of  New  Mexico. 

Sec.  3.  This  association  shall  consist  of  the  accredited  delegates 
frorn  the  different  local  stock  associations  of  this  Territory,  not  to 
exceed  five  from  any  one  association,  said  delegates  to  be  appointed 
at  a  general  meeting  of  each  stock  association  or  by  the  respective 
executive  committees  of  said  association,  and  must  bear  a  certificate 
of  membership  and  election  duly  authenticated  by  the  proper  officers 
of  their  association.  Each  delegate  is  entitled  to  one  vote  and  no 
proxies  are  to  be  recognized. 

OFFICERS  AND  ELECTIONS. 

Sec.  4.  The  affairs  of  this  association  shall  be  conducted  and 
malliaged  by  a  president,  vice-president,  secretary,  who  shall  act  as 
treasurer,  and  an  executive  committee  consisting  of  one  person  for 
each  local  association  of  this  Territory. 

Sec.  5.  These  officers  shall  be  elected  by  ballot  at  the  annual 
meeting,  the  candidates  receiving  the  largest  number  of  votes  shall 
be  declared  elected,  and  shall  serve  until  their  sucessors  are  duly 
elected. 

Sec.  6.  The  executive  committee  is  empowered  to  fill  any  vacan- 
cies that  may  occur  in  their  own  body,  or  "among"  the  officers  of 
this  association,  and  persons  so  appointed  shall  hold  office  until  the 
next  regular  meeting. 

DUTIES  OF  OFFICERS. 

Sec.  7.  The  president  shall  preside  at  all  meetings  of  the  associa- 
tion. He  shall  see  that  all  the  laws  and  regulations  thereof  are 
faithfully  executed,  and  perform  such  other  duties  as  may  be 
required  of  him  in  these  laws,  #8  well  as  such  as  may  be  necessary 
to  secure  the  objects  and  best  interests  of  this  association  not  herein 
otherwise  provided  for. 

Sec.  8,    The  vice-president  in  the  absence  of  the  president  shaJ  I 


12  STOCK  GROWERS'  ASSOCIATION 

perform  the  duties  of  the  latter,  and  if  both  be  absent  at  any  meet- 
ing a  president  pro  tern,  may  be  elected. 

Sec.  9.  The  secretary  shall  keep  accurate  minutes  of  the  transac- 
tions of  this  association.  He  shall  keep  a  roll  of  members  and  a 
correct  account  of  all  moneys  received. 

He  shall  write  and  send  all  communications  as  directed  by  the 
association,  correspond  and  transmit  to  the  secretaries  of  the  local 
stock  associations  all  matters  of  interest  to  stock-growers.  He  shall 
also  act  as  secretary  of  the  executive  committee,  and  shall  make  a 
full  report  of  all  transactions  of  his  office  at  each  annual  meeting. 

Seo.  11.  He  shall  deliver  to  his  successor  all  books,  papers, 
moneys,  and  other  property  in  his  possession  belonging  to  tlie  asso- 
ciation, and  shall  p(3rf  orm  sucli  other  duties  as  may  be  required  by 
the  laws  and  regulations  or  by  the  association. 

Sec.  12.  The  secretary  and  treasurer  of  the  association  shall 
receive  all  moneys  belonging  to  the  same  and  pay  the  same  out  only 
upon  the  order  of  the  chairman  of  the  executive  committee. 

Seo.  13.  He  shall  keep  a  correct  account  of  all  such  moneys 
received  and  paid  out.  He  shall  make  a  report  at  each  annual  meet- 
ing of  the  association,  and  at  such  other  times  as  the  association 
may  direct,  of  all  the  transactions  of  his  office,  producing,  therewith, 
vouchers  for  all  moneys  paid  out. 

Sec.  14.  He  shall  deliver  all  books,  papers,  moneys  and  other 
property  in  his  possession  belonging  to  the  association  to  his  suc- 
cessor in  office,  and  shall  give  bond  to  the  association  in  such  sum 
and  with  such  sureties  as  may  be  required  by  motion  or  otherwise, 
conditioned  that  he  will  faithfully  perform  all  acts  and  things 
required  of  him  in  this  section. 

Sec.  15.  The  executive  committee  shall  meet  immediately  after 
their  election,  and  appoint  a  chairman  of  said  committee. 

Sec.  16.  This  committee  shall  have  entire  xjontrol  of  all  the  bi^si- 
ness  of  the  association  during  its  adjournment. 

Sec.  17.  It  shall  audit  all  accounts,  and  its  chairman  shall  order 
vouchers  for  proper  payments  to  be  drawn  by  the  secretary  and 
treasurer  of  the  association. 

Seo.  18.  They  shall  represent  ths  association  before  the  Legisla- 
ture and  other  similar  positions  during  the  adjournment  of  the 
association. 

Sec  19.  A  majority  of  the  members  of  the  executive  committee 
shall  constitute  a  quorum. 

MEETINGS. 

Sec.  20.  Annual  meetings  of  this  association  shall  be  held  at 
Sr.nta  Fe,  at  such  time  as  may  be  appointed  by  the  executive  com- 
milteo,  of  which  proper  notice  shall  be  given. 

Sec.  21.  Special  meetings  may  be  called  at  any  time  by  the  presi- 
dent, or  in  his  absence  by  the  vice-president,  upon  the  request  of 
live  members  in  writing. 

Sec.  22.  Nino  members  shall  constitute  a  quorum  for  business  at 
all  meetings. 


OF  NEW  MEXICO.  18 


Seo.''23.  In  view  of  the  fact  that  the  proposed  incidental  expenses 
of  this  association  are  limited  to  the  payment  of  stationary, 
printing  and  publication  of  a  pamphlet  containing  revised  stock 
laws  of  the  territory,  the  assessment  against  each  local  association 
shall  be  limited  to  amount  not  exceeding  $100,  the  actual  necessary 
expenses  thereof  to  be  fixed  pro  rata  and  assessed  against  each  lo- 
cal association  by  the  executive  committee. 

Seo.  24.  The  foregoing  articles  of  association  to  be  submitted  to 
each  local  stock  association  through  their  executive  committees  for 
their  respective  approval  and  ratification.  The  representation  of  ac- 
credited delegates  from  the  respective  local  associations  on  the 
3rd  day  of  March  next,  at  which  time  these  articles  are  to  be  sub- 
mitted for  adoption,  shall  be  considered  a  suf&cient  ratification  and 
approval  by  such  local  associations. 

Sec.  25.  These  laws,  regulations  and  resolutions  shall  not  be  an- 
nulled or  amended  except  at  an  annual  meeting;  then  they  may  be 
annulled  or  amended  by  a  vote  of  two-thirds  of  the  members  present. 

ORDER   OF   BUSINESS. 

1.  Calling  the  roll. 

2.  Reading  the  minutes  of  last  meeting. 

3.  Unfinished  business  and  reports  of  committees. 

4.  Reports  of  officers. 

5.  Payment  of  dues  and  signing  articles  of  association. 

6 .  Election  of  officers. 

7.  Election  of  executive  committee. 

8.  General  business. 


Adopted  March  4,  1884. 


14  STOCK  GROWERS'  ASSOCIATION 


liAWS  CONCERNINa  AND  AFFECTING  STOCK  IN- 
TERERTS,  IN  FORCE  JUNE  1st,  1884. 


AN  ACT  FOR  THE  PROTECTION  OF  STOCK   AND  FOR  OTHER  PURPOSES. 

Approved  April  1,  1884. 

CONTENTS. 

t 

Section  1.    Brands  and  marks  required  to  be  recorded. 

Sec.    2,  Certincate  of  brand;  how  recorded;  preferences. 

Sec.    3.  Ear  marks,  how  made  and  recorded. 

Sec.    4.  Brands  prima  facie  evidence,  when. 

Sec.    5.  Changing  or  defacing  brands;  penalty. 

Sec.    6.  Intermixed  herds  to  be  separated,  how;  liability. 

Sec.    7.  Liability  of  persons  having  stock  in  possession  not  their 

own. 
Sec.    8.  Liability  of  drovers. 

Sec.    9.  Trespass  on  settlers  and  ranchers;  penalty. 
Sec.  10.  llemoval  of  hides  from  deasd  cattle;  penalty. 
Sec.  11.  Bills  of  sale  to  be  taken  and  witnessed,  when. 
Sec.  12.  Penalty  for  violating  preceding  section. 
Sec.  13.  Bill  of  sale  to  be  exhibited  on  demand;  penalty. 
Sec.  14.  Provisions  of  last  three  sections  to  be  construed,  how. 
Sec.  15.  Stealing  or  purchasing  stolen  cattle,  penalty. 
Sec.  16.  Grand  larceny  defined,  penalty. 
Sec.  17.  Illegal  sales  defined,  penalty.  » 

Sec.  18.  Butchers  to  give  bond  and  keep  records. 
Sec.  19.  Penalty,  how  recovered. 
Sec.  20.  Penalty  for  failing  to  keep  record. 

Sec.  21.  Record,  hides  and  horns  subject  to  inspection;  penalty. 
Sec.  22.  Liability  of  sureties  on  bonds. 
Sec.  23.  Carrying  fire-arms  at  round-up  prohibited;  penalty. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  Territory  of  New 
Mexico. 

Section  1.  Animals  such  as  are  usually  branded  may  be  branded 
on  either  side  with  the  owner's  brand.  All  brands  shall  be  recorded 
in  the  county  where  the  owners  reside.  No  evidence  of  ownership 
by  brands  shall  be  permitted  in  any  couit  in  this  Territory  unless 
the  brands  shall  have  been  recorded  as  provided  in  this  act.  Each 
drove  of  cattle  or  slieep  which  may  be  driven  into  or  through  any 
county  of  this  Territory  shall  be  plainly  branded  or  marked  with 
one  uniform  brand  or  mark.    The  cattle  shall  be  so  branded  with 


Ot*  NEW  MEXICO.  16 


the  distinguishing  ranch  or  road  brand  of  the  owner  as  to  show 
distinctly  in  such  place  or  places  as  the  owner  may  adopt.  Sheep 
shall  be  marked  distinctly  with  such  mark  or  device  as  may  be 
sufficient  to  distinguish  the  same  readily  should  they  become  inter- 
mixed with  other  flocks  of  sheep  owned  in  the  Territory.  Any 
such  owner  or  owners,  or  person  in  charge  of  such  drove,  which 
may  be  driven  into  or  through  the  Territory,  who  shall  fail  to 
comply  with  the  provisions  of  this  act,  shall  be  fined  not  less  than 
fifty  (50)  nor  more  than  three  hundred  (300)  dollars,  at  the  discre- 
tion of  the  court. 

Seo.  2.  Any  person  desiring  to  use  any  brand  shall  make  and  sign 
a  certificate,  setting  forth  a  fac  simile  and  description  of  the  brand 
which  he  desires  to  use,  and  shall  file  the  same  for  record  in  the 
office  of  the  county  clerk  of  the  county  wherein  he  resides,  which 
clerk  shall  record  the  same  in  a  book  kept  by  him  for  that  purpose, 
and  from  after  the  filing  of  such  certificate  the  person  filing  the 
same  shall  have  the  exclusive  right  to  use  such  brand  within  such 
county  for  the  purpose  aforesaid.  And  any  person  or  persons  so 
desiring  may  in  the  manner  and  with  like  effect,  as  herein  provided, 
record  his  brand  or  mark  in  any  county  in  the  Territory  into  which 
his  stock  are  liable  to  stray;  Provided,  that  such  mark  or  brand  has 
not  been  heretofore  reco.rded  in  such  county  by  some  other  person; 
and  if  the  clerk  and  recorder  of  any  county  shall  for  any  persons 
record  any  mark  or  brand,  there  being  at  the  time  of  such  recording 
a  similar  living  mark  or  brand  upon  the  records  of  his  county,  such 
clerk  and  recorder  shall  be  liable  to  pay  a  fine  of  not  less  than 
twenty  (20)  nor  more  than  one  hundred  (100)  dollars;  And  provided 
further,  when  two  or  more  similar  marks  or  brands  have  been  here- 
tofore recorded  in  any  county,  the  oldest  record  shall  entitle  the 
owner  to  the  exclusive  use  thereof  in  such  county. 

Seo.  3.  Any  stock  grower  of  this  Territory  may  adopt  and  use  an 
ear  mark,  and  such  ear  mark  shall  be  taken  in  evidence  in  connec- 
tion with  thd  owner's  recorded  brand  in  all  suits  at  law  or  in  equi- 
ty in  which  the  title  to  stock  is  involved.  Such  ear  mark  shall  be 
made  by  cutting  and  shaping  the  ear  or  ears  of  the  animal  so  mark  ed 
but  in  no  case  shall  the  person  so  marked  the  animal  cut  off  more 
than  one-half  of  the  ear  so  marked,  neither  shall  any  one  mark  by 
cutting  an  ear  on  both  sides  to  a  point.  No  county  clerk  or  recorder 
shall  record  the  same  ear  mark  to  more  than  one  person. 

Seo.  4.  In  all  suits  at  law  or  in  equity,  or  in  any  criminal  proceed- 
ings, when  the  title  of  any  stock  is  involved,  the  brand  on  an  animal 
shall  be  prima  facie  evidence  of  the  ownership  of  the  person  whose 
brand  it  may  be;  Provided,  that  such  brand  has  been  duly  recorded 
as  provided  by  law.  Proof  of  the  right  of  any  person  to  use  such 
brand  shall  be  made  by  a  copy  of  the  record  of  the  same,  certified 
to  by  the  county  clerk  of  that  county  or  any  county  in  which  the 
same  is  recorded  under  the  hand  and  seal  of  office  of  such  clerk. 

Seo.  5.  If  any  person  shall  brand  or  mark,  or  cause  to  be  brand- 
ed or  marked,  with  his,  her,  or  their  brand,  or  any  other  not  the 
recorded  brand  of  the   owner,  any  animal  being  the  property  of 


16  STOCK  GROWEBS'  ASSOCIATION 

another,  or  shall  efface,  deface,  or  obliterate  any  brand  or  mark 
upon  any  animal,  any  such  person  so  offending  shall  be  deemed 
guilty  of  larceny,  and  on  conviction  thereof  shall  be  confined  in  the 
penitentiary  not  less  than  one  year  nor  more  than  five,  as  the  court 
may  direct,  and  shall  also  be  liable  to  the  owner  thereof  for  three 
times  the  value  of  the  animal  so  branded  or  marked,  or  upon  which 
the  brand  or  mark  shall  have  ;been  so  .effaced,  defaced,  or  obliter- 
ated, and  in  no  case  shall  the  payment  of  the  forfeiture  herein  men- 
tioned entitle  the  person  so  branding,  effacing,  defacing,  or  oblite- 
rating a  brand  to  the  property  in  the  animal  so  branded,  or  upon 
which  the  brand  was  effaced,  defaced,  or  obliterated,  but  such  ani- 
mal shall  be  surrendered  to  the  proper  owner. 

Sec.  6.  When  the  stock  of  any  resident  shall  intermix  with  any 
drove  of  animals,  it  shall  be  the  duty  of  any  drovers  or  persons 
in  charge  to  cut  out  and'separate  such  stock  from  said  drove  imme- 
diately, except  in  case  of  sheep  or  horses,  when  they  shall  be  driven 
to  the  nearest  suitable  corral  to  be  separated.  Any  person,  either 
owner  or  drover,  or  otherwise  connected  with  the  management  of 
such  drove,  who  shall  neglect  to  comply  with  the  provisions  of  this 
section  shall  be  fined  in  any  sum  not  exceeding  five  hundred  (500) 
dollars  for  every  offense,  and  shall  be  lia  ble  to  indictment  for  lar- 
ceny. 

Sec.  7.  Any  person  or  persons  not  being  the  owner  or  owners,  or 
having  the  right  of  possession  of  any  animal  or  animals,  who  shall 
be  found  driving  or  leading  any  such  animal  or  animals  from  its  or 
their  usual  range,  such  person  or  persons  may  be  arrested  by  any 
constable,  officer,  or  other  person  especially  deputed  for  such  pur- 
pose by  a  judge  or  justice  of  the  peace,  and  such  person  or  per- 
sons may  be  taken  before  any  court  of  competent  jurisdiction  for 
examination  and  trial,  and  if  found  guilty  shall  be  punished  as  for 
larceny.  In  prosecutions  for  a  violation  of  the  pr<  visions  of  this 
section  it  shall  not  be  necessary,  in  order  to  warrant  a  conviction, 
for  the  people  to  prove  that  the  offense  was  committed  knowingly 
or  wilfully,  or  to  show  an  intent,  purpose,  or  motive  on  the  part  of 
the  accused ;  but  if  it  shall  be  shown  that  the  accused  had  in  his  pos- 
session  or  under  his  control  or  supervision  any  animal  so  being  led  or 
wrongfully  driven  from  its  usual  range  as  aforesaid,  or  that  the  ac- 
cused assisted  in  so  leading  or  driving  away  any  such  animal  with- 
out having  the  right  of  possession  thereof,  as  aforesaid,  such  show- 
ing shall  be  sufficient  to  warrant  a  conviction,  unless  the  accused 
shall  by  testimony  in  his  behalf  explain  the  case  made  against  him 
in  such  mannar  as  to  show  good  faith  and  an  innocent  purpose  on 
his  part. 

Sec.  8.  When  the  stock  of  any  person  in  New  Mexico  shall  be 
driven  off  its  range  without  the  owner's  consent  by  the  drover  of 
any  herd  or  drove,  every  person  engaged  as  drover  of  such  stock,  or 
otherwise  engaged  in  the  care  and  management  thereof,  shall  be 
liable  to  indictment  and  punishment  as  for  larceny,  and,  shall  be 
liable  for  damages  to  the  amount  of  two  thousand  (2,000)  dollars 
together  with  all  costs  accruing  in  the  trial  of  said  cause,  and  said 


Oi*  NEW  MEXICO.  lit 


herd  of  stock  or  a  sufficient  number  to  cover  all  damages  and  costs 
shall  be  held  liable  for  the  same. 

Seo.  9.  Any  person  owning  or  having  charge  of  any  drove  of 
cattle,  horses,  or  sheep,  who  shall  drive  the  same  into  or  through 
any  county  of  New  Mexico,  of  which  the  owner  is  not  a  resident  or 
land  owner,  and  where  the  land  in  such  county  is  occupied  by 
settlers  and  ranchers,  it  shall  be  the  duty  of  such  owner  or  person 
in  charge  of  such  cattle,  horses,  or  sheep  to  prevent  the  same  from, 
mixing  with  the  cattle,  horses,  or  sheep  belonging  to  the  actual 
settlers,  and  also  to  prevent  said  drove  of  cattle,  horses,  or  sheep 
from  trespassing  on  such  lands  as  may  be  the  property  or  be  in  the 
possession  of  the  actual  settler  and  used  by  him  for  the  grazing  of 
animals  or  the  growing  of  hay  or  other  crops,  or  from  doing  injury 
to  ditches.  If  any  owner  or  person  in  charge  of  any  such  drove  of 
stock  shall  wilfully  injure  any  resident  of  the  Territory,  by  driving 
such  drove  of  stock  from  the  public  highway  and  herding  the  same 
on  lands  occupied  and  improved  by  settlers  in  possession  of  the 
same,  it  shall  constitute  a  misdemeanor,  and  shall  be  punished  by  a 
fine  of  not  less  than  tWenty-five  or  more  than  one  hundred  dollars, 
at  the  discretion  of  the  court,  and  render  the  owner  or  person  in 
charge  of  the  drove  so  trespassing  liable  for  the  damages  done  to 
such  settler. 

Seo.  10.  Any  person  or  persons  who  may  skin,  or  remove  from 
the  carcass,  any  part  of  the  hide  of  any  neat  cattle  found  dead, 
without  permission  from  the  owner,  shall  be  deemed  guilty  of 
larceny,  and  on  conviction  thereof  shall  be  punished  in  the  manner 
provided  by  law  for  the  punishment  of  larceny;  Provided,  nothing 
herein  shall  be  deemed  to  prevent  the  skinning  of  animals  killed 
by  railroad  companies,  by  the  employes  of  any  railroad  company 
by  which  such  stock  may  have  been  killed. 

Seo.  11.  No  person  or  persons,  whether  as  principal  or  agent, 
shall  hereafter  sell  or  otherwise  dispose  of  any  neat  stock,  nor  shall 
any  person,  whether  as  principal  or  agent,  buy,  purchase,  or  other- 
wise receive  any  such  stock,  unless  the  person  or  persons  so  selling 
or  disposing  of  any  such  stock  shall  give,  and  the  person  or  persons 
buying,  purchasing,  or  otherwise  receiving  any  such  stock,  shall 
take  a  bill  of  sale  in  writing  of  the  stock  so  sold,  or  disposed  of,  or 
BO  bought,  purchased,  or  otherwise  received,  as  the  case  may  be, 
which  bill  of  sale  shall  be  witnessed  by  two  witnesses  residents  of 
the  county  where  sale  is  made. 

JF'irs^— When  such  stock  or  any  part  thereof  is  to  be  shipped  from 
the  Territory,  or  slaughtered  by  the  purchaser,  or  when  the  said 
stock  or  any  part  thereof  is  to  be,  by  such  purchaser,  sold  to  any 
other  person  or  persons  for  shipment  or  slaughtering,  or  is  to  be  by 
any  such  other  person  or  persons  offered  for  sale  for  shipment  or 
slaughtering. 

Second—'Wheii  any  such  stock  is  to  be  driven,  led,  taken,  or 
shipped  to  any  market,  range,  or  other  place  more  than  ten  miles 
distant  from  the  place  of  delivery  thereof,  upon  any  such  sale  or 
purchase,  or  when  any  such  stock  is  to  be  led,  driven,  taken,  or 


18  STOCK  GROWEKS'  ASSOCIATION 

shipped  to  any  market,  range,  or  other  place  more  than  ten  miles 
distant  from  the  place  where  such  stock  may  be  herded,  kept,  or 
permitted  to  range,  at  the  time  of  the  sale  or  purchase  thereof,  or  to 
any  market,  range,  or  other  place  more  than  ten  miles  distant  from 
the  place  where  such  stock  may  have  been  herded,  kept,  or  permit- 
ted to  range,  for  any  portion  of  the  three  months  next  preceding 
such  sale  or  purchase. 

Third — When  any  such  stock  so  sold  or  purchased  is  at  the  time 
of  such  sale  or  purchase,  or  for  any  part  of  the  sixty  days  next  prior 
thereto,  has  been  running  at  large  upon  an  uninclosed  range;  but 
this  provision  shall  not  apply  to  sales  of  stock  when  the  persons  who 
sell  are  selling  stock  of  which  they  have  had  actual  and  personal 
control  and  supervision  daily  for  the  said  period  of  sixty  days  next 
prior  to  the  sale  thereof,  and  are  rightfully  entitled  either  as  prin- 
cipal or  agent  to  sell  and  dispose  of  the  same. 

Sec.  12.  Any  person  who  shall  violate  or  fail  to  comply  with  any 
of  tlie  provisions  of  the  last  foregoing  section  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  shall  be  fined  in  a  sum  of 
not  less  than  twenty-five  dollars  nor  more  than  five  hundred  dollars, 
or  imprisoned  in  the  county  jail  not  less  than  thirty  days  nor  exceed- 
ing six  months,  or  may  be  punished  by  both  fine  and  imprisonment, 
in  the  discretion  of  the  court. 

Sec.  18.  It  shall  be  the  duty  of  any  person  who  may  have  pur- 
chased or  received,  or  iiave  in  his  possession  any  such  stock,  either 
for  himself  or  for  another,  to  exhibit,  on  reasonable  request  to  any 
person  inquiring  therefor,  the  bill  of  sale  of  such  stock,  if  m  his 
power  so  to  do,  and  if  not  in  his  power  so  to  do,  to  state  and  give 
the  reason  therefor;  and  any  person  violating  or  failing  to  comply 
with  the  provisions  of  this  section  shall  be  deemed  guilty  and  liable 
to  punishment,  as  provided  in  the  next  preceding  section. 

Sec.  14.  The  provisions  of  the  last  three  sections  shall  be  liber- 
ally construed  in  favor  of  the  people,  and  in  order  to  convict  of  any 
ojffense  made  punishable  in  any  of  the  said  sections  it  shall  not  be 
necessary  for  the  prosecution  to  prove  knowledge,  intent,  purpose, 
or  motive  on  the  part  of  the  accused  but  such  knowledge,  intent, 
purpose,  and  motive  may  be  presumed  when  the  wrongful  act  of  the 
accused  has  been  shown,  and  shall  justiiy  a  conviction,  unless  the 
testimony  in  the  case  shall  satisfactorily  show  the  good  faith  and 
innocent  purpose  of  the  accused. 

Sec.  15.  Any  person  who  shall  steal,  embezzle,  or  knowingly 
kill,  sell,  drive,  lead,  or  ride  away,  or  in  any  manner  deprive  the 
owner  of  the  immediate  possession  of  any  neat  cattle,  horse,  mule, 
sheep,  goat,  swine,  or  ass ;  or  any  person  who  shall  steal,  embezzle, 
or  knowingly  kill,  sell,  drive,  led,  or  ride  away,  or  in  any  manner 
aipply  to  his  own  use  any  neat  cattle,  horse,  mule,  goat,  sheep,  ass, 
or  swine,  the  owner  of  which  is  unknown;  or  any  person  who  shall 
linowingly  purchase  from  any  one  not  having  the  lawful  right  to 
sell  and  dispose  of  the  same,  any  neat  cattle,  horse,  mule,  sheep, 
swine,  or  ass,  shall  be  deemed  guilty  of  a  felony,  and  on  conviction 
thereof  in  any  court  of  competent  jurisdiction  shall  be  punished 


OF  NEW  MEXidO.  19 


by  imprisonment  not  less  than  one  year  nor  more  than  five  years, 
and  by  a  fine  not  less  than  fivolmndred  (500)  dollars,  nor  more  than 
five  thousand  (5,(X)())  dollars,  at  the  discretion  of  the  coart. 

Sec.  16.  All  cases  which  are  by  this  act  declared  to  be  larceny, 
and  in  all  cases  of  felonious  taking,  stealing,  riding,  driving,  lead- 
ing, and  carrying  away  of  any  animal  or  animals  herein  referred, 
the  same  shall  be  deemed  and  taken  to  be,  and  the  courts  of  this 
Territory  shall  construe  the  same  to  be  grand  larceny,  subjecting 
the  offender  or  offenders  to  be  condemned  to  the  penitentiary  for  a 
term  of  not  less  than  one  year  nor  more  than  ten  years,  except  as 
otherwise  provided  for  in  this  act,  notwithstanding  the  value  of 
such  animal  or  animals  may  be  less  than  twenty  dollars. 

Seo.  17.  Any  person  or  persons  who  may  sell  or  offer  for  sale  or 
trade  any  neat  stock  upon  which  such  perstms  have  not  their  re- 
corded mark  or  brand,  or  for  which  the  person  so  offering  has 
neither  bill  of  sale  nor  power  of  attorney  from  the  owner  of  such  stock 
authorizing  such  sale,  every  person  so  offering  shall  be  deemed 
guilty  of  larceny,  unless  such  person  upon  trial  shall  establish  and 
prove  that  he  was  at  the  time  the  actual  owner  of  the  stock  so  sold 
or  traded,  or  offered  for  sale  or  trade,  or  that  he  acted  by  the  direc- 
tion of  one  shown  and  proven  to  be  the  actual  owner  of  such  stock; 
and  in  prosecutions  for  a  violation  of  this  section  it  shall  not  be 
necessary  in  order  to  warrant  a  conviction  for  the  people  to  prove 
motive,  intent,  or  purpose  on  the  part  of  the  accused,  or  that  the 
accused  knew  that  the  stock  sold  or  traded  or  offered  for  sale  or 
trade,  was  so  sold,  traded,  or  offered  in  violation  hereof;  but  the 
fact  of  such  selling,  trading,  or  offering  for  sale  or  trade  contrary  to 
the  provisions  hereof,  when  proved,  sliall  be  sufficient  to  authorize  a 
conviction,  unless  the  accused  shall  by  testimony  explain  the  case 
made  by  the  people  in  a  manner  consistent  with  good  faith  and 
innocent  purpose. 

Sec.  18.  Every  person  before  he  shall  set  up  and  carry  on  the 
trader  of  a  butcher  or  slaughterer  of  horned  cattle  in  this  Territory, 
shall  file  a  bond,  approved  by  the  county  commissioners,  with  the 
clerk  of  the  county  in  which  he  desires  to  carry  on  the  business,  in  a 
sum  of  not  less  than  one  tiiousand  (l,tX)())  dollars  nor  more  than 
(5,000)  dollars  running  to  the  people  of  the  Territory  of  New  Mexico, 
conditioned  that  he  shall  keep  a  true  and  faithful  record,  in  a  book 
kept  for  the  purpose,  of  all  cattle  purchased  or  slaughtered  by  him, 
with  a  description  of  the  animal,  including  marks,  brands,  age, 
weight,  and  from  whom  purchased,  and  the  date  thereof,  and  to  keep 
the  hide  and  horns  of  such  animal  free  to  the  inspection  of  all  per- 
sons for  the  period  of  thirty  days  after  it  is  slaughtered. 

Sec.  19.  Every  person  who  shall  be  found  carrying  on  the 
business  of  butcher  or  slaughterer  in  the  Territory  without  having 
filed  the  bond  provided  in  the  eighteenth  section  of  this  act,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  be  fined  in  a  sum  not  less 
than  fifty  nor  more  than  one  hundred  dollars  for  every  day  he  shall 
carry  on  such  business,  to  be  recovered  before  any  justice  of  the 
peace  of  the  proper  county  or  by  indictnitnt  in  the  Pietrict  Court, 


20  STOCK  growers'  association  '  '^    " 

Sec.  20.  Every  person  who  shall  carry  on  the  business  of  butche 
or  slaughterer  of  homed  cattle,  and  shall  fail  to  keep  a  true  and 
faithful  record,  in  a  book  kept  for  the  purpose,  of  all  cattle  pur- 
chased or  slaughtered  by  him,  together  with  a  description  of  each 
animal,  including  marks,  brands,  age,  weight,  and  from  whom  pur- 
chased, and  the  date  thereof,  or  fail  to  keep  the  hide  and  horns  of 
such  animal  or  animals  for  thirty  days  after  such  animal  is  slaugh- 
tered, shall  be  deemed  guilty  of  a  misdemeanor,  and  for  each  offense 
fined  in  a  sum  not  less  than  ten  nor  more  than  one  hundred  dollars, 
to  be  recovered  as  provided  in  the  nineteenth  section  of  this  act. 

Sec.  21.  The  record  provided  for  in  this  act  shall  be  open  to  the 
inspection  of  all  persons,  and  also  the  hide  and  horns,  for  the  period 
of  thirty  days,  and  any  butcher  or  slaughterer  refusing  to  permit 
such  inspection  or  examination  shall  be  subject  to  a  fine  of  not  less 
than  ten  nor  more  than  twenty-five  dollars  for  eacli  offense,  to  be 
recovered  as  provided  in  section  nineteen  of  this  act. 

Sec.  22.  All  fines  and  penalties  so  recovered  under  this  act  shall 
be  paid  into  the  county  treasurer  of  tlie  proper  county,  and  the 
offender  and  his  sureties  shall  be  liable  on  tlio  bond  provided  for  in 
the  eighteenth  section  of  this  act  for  aJl  fines,  penalties,  and  costs 
adjudged  against  him  under  the  provisions  of  this  act.  Said  bond 
may  be  sued  on  in  the  name  of  the  people  in  any  court  of  competent 
jurisdiction. 

Sec.  23.  Hereafter  it  shall  not  bo  lawful  for  any  person  to  carry 
any  fire-arms  or  deadly  weapons  at  any  cattle  round-up  in  this  Ter- 
ritory, and  any  person  violating  the  provision  of  this  section  sliall 
be  fined  in  any  sum  not  less  than  twenty-five  dollars  nor  more  than 
one  hundred  dollars.  Justices  of  the  peace,  as  well  as  the  District 
Court,  shall  have  jurisdiction  in  all  cases  arising  under  this  section. 

Sec.  24.  All  laws  and  parts  of  laws  in  conflict  with  this  [act]  are 
hereby  repealed. 

Seo.  25.  That  this  act  shall  take  effeot  and  be  in  force  from  and 
after  the  first  day  of  May,  A.  D.,  1884. 


AN  ACT  TO  PROTECT  THE  HERDS  OF  SHEEP  AND  THOSE  TAKING  CARE 

OF  THE  SAME.    Approved  March  27,  1884. 
CONTENTS. 

Section  1.    Disturbing  or  interfering  with  herds  of  sheep  unlawful 

when. 
Sec.  2.    Liability  for  damages:  penalty. 
Sec.  8.    Joint  liability  of  employers. 
Sec.  4.    Liability  when  person  is  injured  or  killed. 
Sec.  5.    Damages,  how  recovered. 

Whereas,  heretofore  in  many  instances  the  owners  of  sheep  have 
been  injured  and  suffered  from  the  owners  of  cattle  who  claimed 
the  control  of  the  public  domain,  to  the  exclusion  of  such  sheep 
owners;  and. 


OF  NEW  MEXICO.  21 

Wheeeas,  for  such  purposes  they  employed,  in  many  instances, 
irresponsible  and  desperate  persons  to  carry  out  their  unlawful 
designs,  and  inoffensive  herders  were  in  many  instances  killed  by 
such  employes,  therefore. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  Territory  of  New 
Mexico, 

Section  1.  That  it  shall  be  unlawful  for  any  person  or  persons 
in  the  Territory  of  New  Mexico  to  disturb  or  interfere  with  any 
herd  or  herds  of  sheep,  or  to  drive  them  or  cause  them  to  be  driven 
away  from  any  place  where  such  sheep  may  be  pastured  or  herded 
upon  any  lands,  except  such  person  be  the  owner  of  such  lands, 
and  provided  he  shall  have  distinctly  marked  out  the  boundaries  of 
the  same  so  that  the  same  can  be  distinguished  and  known  to  be 
private  land. 

Sec.  2.  Any  person  who  shall  violate  the  provisions  of  the  fore- 
going section  shall  be  guilty  of  a  misdemeanor,  and  upon  convic- 
tion before  any  justice  of  the  peace  or  District  Court  be  fined  in  the 
sum  of  one  hundred  dollars  and  imprisoned  in  the  county  jail  for 
thirty  days;  and  such  person  shall  also  be  liable  to  the  person  or 
persons  whose  sheep  were  disturbed,  interfered  with,  and  driven 
away,  for  the  damages  which  he  or  they  may  have  sustained,  and  in 
addition  to  such  damages  which  he  or  they  may  have  sustained,  he 
shall  also  pay  the  sum  of  five  hundred  dollars  as  exemplary  dam- 
ages, and  such  damages  to  be  recovered  in  an  action  of  trespass 
brought  in  the  District  Court  of  any  county  of  the  judicial  district 
in  which  such  offense  has  been  committed. 

Sko.  3.  In  case  any  violation  of  any  of  the  provisions  of  this  act 
shall  have  been  committed  by  any  employ^  or  herder  of  any  person 
or  persons,  company  or  corporation,  he,  they,  or  it  shall  be  liable 
for  the  acts  of  their  said  employ^  or  herder  to  the  person  or  persons 
injured  in  the  same  damages  as  provided  in  section  two  of  this  act. 

Sec  .  4.  Any  person  who,  in  violating  any  of  the  provisions  of 
this  act,  shall  injure  any  person,  herder  or  employ^,  in  charge  of 
any  herd,  or  employed  in  the  same  shall  be  liable  to  the  party  in- 
jured in  such  damages  as  the  jury  trying  such  cause  may  assess,  and  if 
any  such  person,  herder,  or  employ 6,  should  be  killed  by  any  person 
in  violating  any  of  the  provisions  of  this  act,  or  who  shall  die  in 
consequence  of  having  received  an  injury  as  aforesaid,  such  person 
shall  be  liable  to  the  executor,  administrator,  or  widow  of  such  de- 
ceased person,  in  the  sum  of  five  thousand  dollars  [as  fixed  and 
liquidated  damages,  and  provided  also,  that  if  such  person  commit- 
tine  such  injury  causing  such  death  shall  at  the  time  be  in  the  em- 
ploy of  or  acting  for  any  person  or  persons,  company  or  corpora- 
tion, he,  they,  or  it,  shall  be.  liable  jointly  with,  or  separately,  the 
person  and  wrongdoer  to  the  party  injured,  his  executors,  adminis- 
trators, or  widow,  in  the  damages  as  above  provided. 

Sec.  5.  That  the  damages  to  be  recovered  under  the  foregoing 
section  (4)  shall  be  by  an  action  on  the  casein  any  county  of  the  ju- 
dicial district  in  which  the  cause  of  action  accrues. 


22  STOCK  GROWERS'  ASSOCIATION 

Sec.  6.    This  act  shall  take  effect  and  be  in  force  fromand  after 
the  date  of  its  passage. 


AN  A(^T  TO  PREVENT  THE  INTRODUCTION  OF    DISEASED  CATTLE  INTO 

THE  TERRITORY  OF  NEW  MEXICO.    Approved  March  19, 1884. 


CONTENTS. 

Section  1.    Driving  and  transporting  diseased  cattle  unlawful. 

Sec.    2.  Inspectors  to  be  appointed,  and  duties. 

Sec    3.  Certificate  to  be  given,  when. 

Sec.    4.  Term  of  office,  fees  and  mileage. 

Sec.    5.  Power  to  administer  oaths. 

Sec.    6.  Shippers  and  carriers  liable. 

Sec.    7.  Inspector  may  appoint  deputy. 

Sec.    8.  Notification  to  inspector. 

Sec.    9.  Penalty  for  giving  false  certificate. 

Sec.  10.  Penalty  for  violations  of  act. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  Territory  of  New 
Mexico. 

Section  1.  It  shall  be  unlawful  for  any  person  or  corporation  to 
drive  or  transport,  or  cause  or  procure  to  be  driven  or  transported 
into  the  Territory  of  New  Mexico,  any  cattle  which  are,  or  within 
twelve  months  prior  to  their  introduction  into  this  Territory,  have 
been  affected  witli  or  exposed  to  any  contagious  or  infectious 
disease;  or  which  within  such  period  have  been  driven  or  transported 
from  or  through  any  district  of  country  where  such  disease  was 
known  to  exist  at  the  time  of  such  driving  or  transporting;  or 
without  the  certificate  of  the  inspector  of  cattle,  as  hereinafter  pro- 
vided, being  first  obtained. 

Sec.  2.  The  Governor  shall  appoint,  at  such  convenient  points  as 
he  may  deem  proper  within  the  Territory  and  as  near  as  possible  to 
the  frontier,  inspectors  of  cattle,  whose  duty  it. shall  be  to  inspect 
all  cattle  destined  for  introduction  into  the  Territory,  and  to  ascer- 
tain whether  any  of  such  cattle  are,  or  have  been  infected  with,  or 
exposed  to  any  contagious  or  infectious  disease,  or  have  been  driven 
or  transported  from  or  through  any  district  of  country  where  such 
disease  was  known  to  exist  as  mentioned  in  section  one  of  this  act, 
and  for  this  purpose  he  may  require  affidavits  of  the  persons  in 
charge  of  such  cattle,  as  to  all  the  facts  connected  with  their  driv- 
ing or  transporting. 

Sec.  8.  If  upon  such  inspection  and  investigation  such  inspector 
shall  be  satisfied  that  such  cattle  are  free  from  contagious  or  infec- 
tious disease,  and  are  otherwise  proper  to  be  admitted  under  the 
provisions  of  section  one  of  this  act,  he  shall  give  to  the  person  in 
charge  of  such  cattle  a  certificate  to  this  effect,  and  if  not  so  satis- 
fied he  shall  refuse  to  give  such  certificate. 

Sec.  4.    The  said  inspectors  shall  hold  their  offices  during   the 


01*  NEW  MEXICO.  23 


pleasure  of  the  Governor  and  shall  be  entitled  to  receive  one  dollar 
per  head  for  all  high-grade  or  thoroughbred  cattle  inspected,  and 
twenty  cents  per  head  for  all  other  cattle  inspected,  not  exceeding 
1,000  head  at  one  time,  and  for  any  excess  above  1,000  in  the  same 
herd  or  lot,  ten  cents  per  head,  and  ten  cents  per  mile  for  the  dis- 
tance necessarily  traveled  in  going  from  their  usual  place  of  abode 
to  the  place  of  inspection;  such  fees  and  mileage  to  be  paid  by  the 
owner  of  the  cattle  before  the  delivery  of  the  certificate  of  inspec- 
tion, and  in  case  a  certificate  is  not  given  they  may  be  recovered  by 
the  inspector  from  the  owner  in  a  civil  action. 

Sec.  5.  For  the  purpose  of  taking  the  affidavits  mentioned  in  sec- 
tion two  of  this  act,  the  inspector  shall  have  power  to  administer 
oaths,  and  any  person  who  shall  swear  falsely  in  such  affidavit  shall 
be  deemed  guilty  of  perjury. 

Sec.  6.  The  provisions  of  this  act  shall  apply  to  shippers  and 
carriers  as  well  as  owners  of  cattle,  and  the  certificate  of  the  inspec- 
tor shall  not  relieve  them  from  liability,  either  criminal  or  civil, 
for  the  introduction  of  cattle  contrary  to  the  provisions  of  section 
one  of  this  act. 

Sec.  7.  The  inspector  may  appoint  a  deputy,  who  may  act  in  his 
absence. 

Sec.  8.  Every  person  having  in  charge  cattle  destined  for  intro- 
duction into  this  Territory,  whether  as  owner  or  carrier,  or  as  agent 
of  either,  shall,  at  least  ten  days  beforehand,  notify  the  inspector 
nearest  the  proposed  point  of  entrance  to  the  Territory  of  the  time 
and  place,  when  and  where  such  cattle  will  be  ready  for  inspection, 
which  place  shall  be  beyond  the  boundary  line  of  the  Territory, 
and  he  shall  hold  the  cattle  at  the  place  so  designated  until 
inspected. 

Sec.  9.  Any  inspector  who  shall  knowingly  give  a  false  certificate, 
or  shall,  without  good  cause  under  this  act,  refuse  to  give  a  cer- 
tificate of  inspection,  or  shall  wilfully  delay  in  making  inspection 
when  notified,  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall 
be  liable  to  the  injured  party  for  damages  arising  from  such  refusal 
or  delay. 

Sec.  10.  Any  person  or  corporation  who  shall  violate  the  pro- 
visions of  section  one  of  this  act,  shall  be  punished  by  a  fine  of 
$5,000  for  each  offense,  to  be  imposed  by  the  court  on  conviction 
upon  indictment  or  information,  or  to  be  recovered  as  a  penalty  by 
the  Territory  in  a  civil  action  ;  and  shall  also  be  liable  for  all 
damages  resulting  therefrom.  Each  lot  or  herd  of  cattle  unlawfully 
brought  into  the  Territory  shall  constitute  a  separate  offense. 
Sec.  11.    This  act  shall  take  effect  from  and  after  its  passage. 


AN  ACT  FIXING  A  BOND  FOR  THE  INSPECTORS  OF  CATTLE.     Approved 

April  1,  1884. 
Be  it  enacted  by  the  Legislative  Assembly  of  the  Territory  of  New 
Mexico. 
Section  1.    That  the  inspectors  appointed  under  the  provisions 


24  8*00^  GBOl^RS*  ASSOdlA'flOlf 

of  an  act  entitled  an  act  to  prevent  the  introduction  of  diseased 
Cattle  into  the  Territory  of  New  Mexico,  shall  and  hereby  are  re- 
quired to  give  a  bond  to  the  Territory,  to  be  approved  by  the  Gov- 
ernor, in  the  penal  sum  of  five  thousand  dollars,  for  the  faithful 
discharge  of  the  duties  pertaining  to  such  office;  Provided,  any  per- 
son damaged  by  any  improper  or  malicios  action  of  any  one  of  said 
inspectors  may  bring  an  action  therefor  in  the  name  of  the  Terri- 
tory against  said  inspector  and  his  sureties  on  his  official  bond, 
and  shall  recover  thereon  the  amount  of  such  damage  not  exceeding 
the  penalty  of  said  bond. 

Sec.  2.    This  act  shall  take  effect  and  bo  in  force  from   and  after 
its  passage. 


AN  ACT  WITH  REFERENCE  TO  AN  ACT  F-NTITLED,  "AN  ACT  TO  PREVENT 
THE  INTRODUCTION  OF  DISEASED  CATTLE  IN  THE  TERRITORY  OF 
NEW    MEXICO,"    [SUSPENDS  OPERATION  OF   SAID  ACT]   APPROVED 

MARCH  19,  1884.    Apprcyved  April  3,  1884. 

Be  it  enacted  by  the  Legislative  Assembly  of  the  Territory  of  New 
Mexico. 

That  the  Governor  of  the  Territory  of  New  Mexico  is  hereby 
authorized,  whenever  in  his  judgment  the  circumstances  and  public 
interest  warrants  and  requires  him  to  do  so,  from  time  to  time,  to 
suspend  by  proclamation  the  operation  of  an  act  entitled  "An  act 
to  prevent  the  introduction  of  diseased  cattle  in  the  Territory  of 
New  Mexico,"  approved  March  19,  1884,  or  by  proclamation  to  put 
the  same  in  force  at  any  time  when  suspended  that  he  may  believe 
the  circumstances  or  public  interest  require  said  act  to  be  in  force. 
Said  act  is  hereby  suspended  in  its  operation  and  effect  from  this 
date  until  the  same  may  by  the  Governor  be  placed  in  operation 
and  effect  by Jiis  proclamation  to  that  end. 

This  act  shall  be  in  full  force  and  effect  from  and  after  its  passage. 


AN  ACT  TO  REPEAL  AN  ACT  ENTITLED  AN  ACT  TO  PROHIBIT  THE  IN- 
TRODUCTION  OF    ANIMALS    WITHIN   CERTAIN    LIMITS,    APPROVED 

FEBRUARY  2,  1860.    Approved  April  ],  1884r. 

Be  it  enacted  by  the  Legislative  Asembly  of  the  Territory  of  New 
Mexico. 

Section  1.  That  sections  thirty,  thirty-one  and  thirty-two  of  the 
above  act  be  and  the  same  are  hereby  repealed,  but  such  repeal 
shall  not  apply  to  the  counties  of  Santa  Miguel  and  Santa  Fe. 

S«o.  2.  This  act  shall  take  effect  and  be  in  force  and  from  after 
its  passage. 


v^^^ 


